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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
M/s.Mercedes-Benz Financial Services India Pvt. Ltd. – Appellant
Versus
Kyasaram Praveen Kumar – Respondent
| Table of Content |
|---|
| 1. court recognizes necessity to appoint arbitrator due to non-representation. (Para 1 , 2) |
| 2. existence of arbitration clause necessitates compliance with arbitration invocation. (Para 3 , 4) |
| 3. court appoints arbitrator based on procedural adherence. (Para 5) |
| 4. arbitrator's appointment and procedural directions established. (Para 6) |
ORDER
This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 , seeking for appointment of an Arbitrator by this Court.
2. As directed by this Court on 21.07.2025, the petitioner has effected substituted service on the respondents by effecting paper publication. The paper publication has been filed along with AOS. The names of the respondents are also printed in the cause today. However, the respondents remain unrepresented. Hence, the respondents are set exparte by this Court.
3. There seems to be a dispute between the petitioner and the respondents arising out of the Loan Agreement and Unattested Deed of Hypothecation dated 16.07.2022. There exists an arbitration clause in the Loan Agreement and Unattested Deed of Hypothecation dated
16.07.2022 and the same is reproduced hereunder:
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